<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by JakeNet:
Mr. Liable,
I noticed in one of the postings that you mentioned something regarding "recording a statement" with a claims adjuster...
why is this such a bad thing? can you actually refuse to be recorded??? and on what grounds??
How can that recording be used against you if you are telling the truth??
Just curious....<HR></BLOCKQUOTE>
It's all about "Impeachment" and proper legal guidence:
Yes, you can refuse to have any type of Statement taken by the "opposing side" prior to litigation. You may not refuse your own insurance company's request, however.
Attorneys are experienced to look for statements made by the client which are inconsistent with the information he or she gave an attorney in earlier consultations. Discrepancies must be reconciled immediately to avoid future impeachment.
Attorneys are also mindful to alert the client to the probability that a representative of the adverse party--most likely the insurance carrier--will attempt to obtain a written or recorded statement from the client. The other side has no right to obtain the client's version of the facts at this time and the client should refuse to give the statement without an attorney's advice or in an attorney's absence. We always emphasize that the opponent's motivation is simply to elicit information that can be used to defeat the claim or reduce its value. In litigation, defense counsel can then question the deponent witness on tape about the information contained in his or her "prior statement" and have the depo tape available for use at trial (for impeachment, etc.).
It's not so much a matter of the "truth." It's a matter of "impeachment" as memories fade with time (litigation is a long process) and saying too much. Guidance is necessary. Most large accident cases do move into the litigation stage. Why then, give the opposition "two bites of the apple"? That is, a Statement before litigation can work against a claimant, when that claimant will necessarily be required to endure a Deposition in litigation. Then, that earlier Statement can be questioned at the Deposition, and impeachment may be the result.
For example, at deposition:
Q. Ms. Jones, how fast were you traveling before you entered the intersection?
A. I was moving at approximately 35 miles per hour.
Q. Ms. Jones, do you recall giving the adjuster at National Insurance a recorded statement concerning the facts of your accident, about 8 months ago?
A. Yes.
Q. In that taped Statement, do you recall having said that you were travelling 45 to 50 miles per hour?
A. No, I don't.
Q. I'd like to play an excerpt from that tape recording, Ms. Jones, to see if that might refresh your memory.
[Tape recording is played] "I was going through the intersection at about 45 to 50 miles per hour."
Q. Is that your voice?
A. Yes.
Q. Does that excerpt refresh your memory Ms. Jones?
A. Yes.
Q. Are you aware that the speed limit on Mayberry Street is posted at 35 miles per hour?
A. Yes.
End of Deposition. There is not much an attorney can do to help a client from his or her own "prior statements." They really are a client's worst enemies.
IAAL
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[This message has been edited by I AM ALWAYS LIABLE (edited March 30, 2000).]
